State v. Hess

Court of Appeals of Oregon

State v. Hess

75 P.3d 469, 189 Or. App. 325, 2003 Ore. App. LEXIS 1151

CourtCourt of Appeals of Oregon

DecidedAugust 20, 2003

Docket200115408; A117315

StatusPublished

Cited by3 cases

This text of 75 P.3d 469 (State v. Hess) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hess, 75 P.3d 469, 189 Or. App. 325, 2003 Ore. App. LEXIS 1151 (Or. Ct. App. 2003).

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Opinions

[326]*326PER CURIAM

Defendant was charged by indictment with three counts of public indecency, ORS 163.465. Each count alleged all of the elements of public indecency, ordinarily a misdemeanor. Each count also alleged an additional element that enhanced public indecency to a felony. That element was defendant’s prior convictions for public indecency. ORS 163.465(2)(b).¹ Defendant offered to stipulate to his prior convictions with the understanding that the trial court would exclude all evidence of them. The state filed a motion in limine requesting that defendant’s proposed stipulation be read into the record in the presence of the jury. The trial court entered an order denying the state’s request and accepting defendant’s stipulation. It also ruled that all evidence of the prior convictions would be excluded. The state appeals the trial court’s denial of its motion in limine. ORS 138.060(l)(c). We reverse.

This case presents the same issue presented in State v. Hambrick, 189 Or App 310, 75 P3d 462 (2003), where, relying on State v. Garrett, 187 Or App 201, 204-05, 66 P3d 554 (2003), we held that the trial court erred in accepting the defendant’s stipulation to the “prior conviction” element of a crime and in then excluding all evidence of that prior conviction. For the reasons set out in Hambrick and Garrett, we reverse and remand.

Reversed and remanded.

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[326]*326PER CURIAM

Defendant was charged by indictment with three counts of public indecency, ORS 163.465. Each count alleged all of the elements of public indecency, ordinarily a misdemeanor. Each count also alleged an additional element that enhanced public indecency to a felony. That element was defendant’s prior convictions for public indecency. ORS 163.465(2)(b).¹ Defendant offered to stipulate to his prior convictions with the understanding that the trial court would exclude all evidence of them. The state filed a motion in limine requesting that defendant’s proposed stipulation be read into the record in the presence of the jury. The trial court entered an order denying the state’s request and accepting defendant’s stipulation. It also ruled that all evidence of the prior convictions would be excluded. The state appeals the trial court’s denial of its motion in limine. ORS 138.060(l)(c). We reverse.

This case presents the same issue presented in State v. Hambrick, 189 Or App 310, 75 P3d 462 (2003), where, relying on State v. Garrett, 187 Or App 201, 204-05, 66 P3d 554 (2003), we held that the trial court erred in accepting the defendant’s stipulation to the “prior conviction” element of a crime and in then excluding all evidence of that prior conviction. For the reasons set out in Hambrick and Garrett, we reverse and remand.

Reversed and remanded.

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75 P.3d 469, 189 Or. App. 325, 2003 Ore. App. LEXIS 1151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hess-orctapp-2003.

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